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Introduced Version House Bill 4510 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 4510

 

         (By Delegates Lawrence, Poore, L. Phillips,

            Cowles, Sponaugle, Fleischauer, Kinsey,

            Perdue, Young, Reynolds and Marshall)

         [Introduced February 13, 2014; referred to the

         Committee on the Judiciary.]

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-2-12a, relating to establishing a bill of rights for children in foster care.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §49-2-12a, to read as follows:

ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE OF CHILDREN.

§49-2-12a. Foster child’s bill of rights.

    Every child in foster care has the following inherent rights:

    (1) Protection by a family of his or her own, provided readily available services and supported through care of an adoptive family or by plan, a continuing foster family;

    (2) Nurturing by foster parents who have been selected to meet his or her individual needs, and who are provided services and support, including specialized education, so that the child can grow to reach his or her potential;

    (3) A safe foster home free of violence, abuse, neglect, and danger;

    (4) The ability to communicate with the assigned social worker or case worker overseeing the child's case and have calls made to the social worker or case worker returned within a reasonable period of time;

    (5) Permission to remain enrolled in the school the child attended before being placed in foster care, if at all possible;

    (6) Participation in school extracurricular activities, community events, and religious practices;

    (7) Communication with the biological parents if the child placed in foster care receives any immunizations and whether any additional immunizations are needed if the child will be transitioning back into a home with his or her biological parents;

    (8) A bank or savings account established in accordance with state laws and federal regulations;

    (9) Identification and other permanent documents, including a birth certificate, social security card and health records by the age of 16, to the extent allowed by federal and state law;

    (10) The use of appropriate communication measures to maintain contact with siblings if the child placed in foster care is separated from his or her siblings; and

    (11) Meaningful participation in a transition plan for those phasing out of foster care.



    NOTE: The purpose of this bill is to establish a bill of rights for children in foster care.


    This section is new; therefore, it has been completely underscored.

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